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Sued by Moss Law Firm? How to Settle

George Simons | December 04, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

Win in court against debt collectors.

Summary: Feeling overwhelmed by Moss Law Firm's calls and letters? Don't ignore them. Validate the debt, negotiate a settlement, and get it in writing to resolve the issue. Solo can help you with all this and more.

If you are getting phone calls and letters from the Moss Law Firm about an unpaid debt, you may be feeling stressed and frustrated. Do not fret. There are strategies you can use to amicably resolve your debt and move on with your life.

Settle debt with Moss Law Firm PC

You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.

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Who is Moss Law Firm?

The Moss Law Firm is a debt collection law firm that is based in Lubbock, Texas. In other words, Moss Law Firm PC is a debt collector. The firm used to be known as Allen L Adkins and Associates but recently changed its business name to the Moss Law Firm PC.

Who does Moss Law Firm PC collect for?

The Moss Law Firm is known for filing a large volume of debt collection lawsuits against consumers on behalf of financial institutions, most notably Citibank.

Here are some of the top financial institutions that Moss Law Firm collects for:

  • Capital One
  • Citibank
  • JP Morgan Chase Bank

Read Moss Law Firm reviews online

If you want to know what consumers have said about their experience interacting with the Moss Law Firm on a debt collection matter, then take a moment to read these Moss Law Firm reviews:

How to settle debt with the Moss Law Firm

Avoiding phone calls and letters from the Moss Law Firm will not make your unpaid debt disappear. If anything, a lack of engagement will likely prompt Moss Law Firm to escalate matters and file a debt collection lawsuit. You can avoid getting embroiled in litigation by reaching out to the Moss Law Firm and engaging in meaningful debt settlement negotiations. Here are five steps you can take to settle debt with Moss Law Firm:

  1. Validate the debt: If you do not recall the debt or do not think it is yours, an option is to formally request the Moss Law Firm to validate that the unpaid debt is actually yours. Once you make a debt validation request, the Moss Law Firm is legally obligated to respond with proof that you owe the debt.
  2. Calculate how much you can afford to pay: If you recognize the debt or once you hear back from the Moss Law Firm and they validate that the unpaid debt is yours, the next step is to figure out how much of the balance you can actually afford to pay off in either a lump-sum payment or via monthly payments over time. Lump-sum payments usually are preferred, but if you cannot do a lump sum in the next 30 days, monthly payments over time is usually an option. You can always start with a monthly payment plan and then if you come into some money you can re-contact the law firm to see if they will take a lump sum less the payments you have already made later.
  3. Make an offer: When making these calculations, make sure to open settlement negotiations with an offer that is less than what you are actually able to pay. This strategy can help ensure you have a level of flexibility during settlement talks to negotiate upwards.
  4. Negotiate: Once you make a settlement offer, it is likely that the Moss Law Firm will respond with a counteroffer. Do not get upset by the rejection of your settlement offer. A counteroffer is a normal part of the negotiation process.
  5. Get the agreement in writing: If you are able to reach an amicable settlement with the Moss Law Firm, make sure to get the debt settlement agreement in writing. When you have a written settlement agreement in place, the last step is to pay the negotiated amount.

Ready to send an offer? Use SoloSettle to negotiate with Moss Law Firm and settle your debt online.

To learn more about these five steps, and other settlement tips, watch the following interview with a former creditors rights attorney, Yale Levy, who shares expert tips and tricks on how to settle with collectors like Moss Law Firm.

You can defend yourself if you are sued by the Moss Law Firm

If settlement negotiations are unsuccessful and the Moss Law Firm files a debt collection lawsuit against you, it is important to respond appropriately and to do so promptly.

Do not throw away the notice and assume that the lawsuit will go away. It will be there even if you throw the lawsuit notice in the trash. It just means you raised the white flag and are letting them win. You should not do this and you have other options.

Here are some things to remember as you write an Answer to the lawsuit:

  • Carefully read each line of the Complaint (also called an allegation) and respond to each allegation with either admit, deny or I don’t know. If something is true, you need to respond with admit. If you aren’t sure, or you want Moss Law Firm to prove a claim, you can deny or deny due to lack of knowledge.
  • The Moss Law Firm bears the burden of proving that you owe the debt, so do not make their job any easier by agreeing to any aspect of their claims that is not entirely accurate.
  • TIMELY file your Answer to the Complaint with the appropriate clerk of court. Where and when you need to file your answer should be on the Summons that is attached to the Complaint. Typically you need to respond to a Complaint within 20 or 30 days of receiving it. Please be advised that the time to respond to a complaint varies from state to state
  • Mail the answer that you have stamped by the clerk of court to Moss Law Firm.

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The FDCPA protects you from unruly debt collectors

If you are contacted by a debt collector from Moss Law Firm, it is important to understand that you have rights under the Fair Debt Collection Practices Act. This act sets forth the rules and limits that apply to debt collection companies like Moss Law Firm. Some of the rules include:

  • The Moss Law Firm cannot call or write to you at work.
  • The Moss Law Firm may not use rude or vulgar language when it communicates with you by phone or mail.
  • The Moss Law Firm cannot threaten to sue you.
  • The Moss Law Firm cannot contact you before 8 am or after 9 pm.

Use Solo to pick the right defense and win your case.

Try these effective affirmative defenses in your answer

When you draft your Answer in response to the debt collection lawsuit filed by the Moss Law Firm, you will have the chance to address several deficiencies in their argument. Always remember that the lawyers have to show that you owe what they claim you owe. This means the Moss Law Firm has to prove the following before you must legally repay the debt:

  • The Moss Law Firm has the right to sue you.
  • You are the one who owes the debt.
  • You owe what is stated by Moss Law Firm in the Complaint filed with the court.

If the Moss Law Firm fails to meet these guidelines, it means you can win in court and could get the lawsuit dismissed.

Depending on the case circumstances, you could assert that the Moss Law Firm did not file the debt collection action within the statute of limitations for your state. The statute of limitations lays out how much time someone has to file a suit against you. Depending on the lawsuit and state, the time limit can be from one to five years.

If the facts show that the Moss law firm sued you and the statute of limitations has expired, you may file a motion to have the legal action dismissed with prejudice.

Also, you may want to think about filing a countersuit. Though, it is important to note that you need evidence indicating that someone with the Moss Law Firm violated a provision of the FDCPA.

For example, a voice message from a debt collector reflecting an attempted call very early in the morning or extremely late in the evening could be used as evidence to file a claim against the firm that would enable you to pursue compensatory damages.

Make the right affirmative defense with Solo and win in court.

What to do if you are sued by the Moss Law Firm

Here's the bottom line on actions to take if Moss Law Firm sues you for debts you allegedly owe:

  • Write down all phone calls that Moss Law Firm makes before 8 am and after 9 pm. Also, note if they call you at work or use vulgar language. These actions may violate the FDCPA and you could have grounds for legal action.
  • Be certain to file your nswer within the timeline that the Summons & Complaint states.
  • In the Answer, think about raising one of the defenses we mentioned above, such as the statute of limitations. Also, demand that Moss Law Firm give you proof that you owe what you say you owe.

As you can see, there are ways that you can beat the Moss Law Firm in court, but you can also amicably resolve the matter through settlement negotiations. You have an array of legal options. You just need to decide which path makes the most sense for you.

Responding to the Complaint is just the first step in resolving your lawsuit

If Filing an Answer doesn’t resolve the lawsuit. It’s important to take further action to avoid a court hearing or a judgment against you. We recommend that you:

  • Option A: Contact the law firm that sued you directly to discuss settlement options, or
  • Option B: Use SoloSettle, our technology-based online settlement platform that lets you communicate securely and negotiate with the law firm online, without phone calls or court conversations.

Settling your debt now can help you avoid further legal proceedings.

Remember: the clock is ticking and you only have a limited amount of time to settle the case.

If you are unable to settle the case, you may need to appear in court or respond to motions filed by the law firm. Missing a court date or failing to respond to a motion can have serious consequences - such as a judgment being granted against you - so it’s very important to act quickly.

  • If a court date is scheduled or a motion is filed, attend the hearing or respond promptly.
  • Consider hiring an attorney to help if these situations arise, as court responses have strict deadlines.

What is Solo?

Solo makes it easy to resolve debt.

How it works: Solo is a web-app that helps you navigate debt disputes with automated software. Whether it’s responding to a debt lawsuit with legal documentation or negotiating with debt collectors outside of the legal system, Solo’s got you covered:

  • SoloSettle: Regardless of where you find yourself in the collections process, you can use this tool to negotiate with collectors via an online settlement portal, making the settlement process fast, simpler, less intimidating, and ensuring that all the necessary paperwork is completed to legally settle the debt.
  • SoloSuit: If you’ve been sued by a debt collector, you can use this tool to create personalized, legal documents and file them into your court case. The most notable of these documents is the Answer document which helps you avoid default judgment and wage garnishment. The SoloSuit software asks you tailored questions about your case and uses your responses to draft customized legal documents for your case.

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